Statutory Issues Related to Investigations
Pen Register/Trap & Trace Device
Pen/Trap Definitions
In rough terms, a pen register records outgoing addressing information, such as a number dialed from a monitored telephone. A trap and trace device records incoming addressing information, such as caller ID information. For our purposes pen\/trap and trace devices are used to gather header information from computer communications. There were a few isolated cases that held the language of the Pen Register\/Trap and Trace statute did not properly encompass computer communications. The USA PATRIOT Act authoritatively overruled such holdings.
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